Loading...
HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-23-2015MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA SEPTEMBER 23, 2015 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on September 23, 2015, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Susan Bradbury, Kyle Perkins, Michael Davis and Matthew Koehler. Staff members Karen Marren and Jessica Spoden were also present. APPROVAL OF MINUTES: Moved by Bradbury, seconded by Perkins, to approve the minutes of the meeting of August 26, 2015 with one correction to change the vote from 4 members to 5 members; all members were present at the August 26 meeting. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 15-14 SPECIAL USE PERMIT – SBA Towers VI, LLC Public Hearing on application for a Special Use Permit to allow a new cellular tower on the property located at 615 24th Street* City Planner Karen Marren displayed a location map and site plan for the project. She informed the Board that the request is to construct a new monopole cell tower on the property located at 615 24th Street. This is located on the same property just north of the existing ACE Hardware building. The new tower and associated equipment shelter would be located in a lease area along the northern boundary of the property with an access easement to the existing Ace Hardware curb cut along 24th Street. The tower is approximately 205 feet from 24th Street, 232 feet from Grand Avenue, 170 feet to Jensen Avenue, and 65 feet to the south property line of the apartments located north of the subject site. Access to the lease area is through the existing commercial parking lot from 24th Street. All areas of access to the leased site are paved in compliance with the zoning ordinance. The Verizon improvements will be within a 40 foot by 40 foot fenced compound with an equipment shelter. Within the Verizon area there will be an 85 foot monopole (95 feet with the lightning rod) and an enclosed equipment shelter. The leased premises include an area for the future inclusion of one additional wireless carrier’s shelter. The monopole will include three internally mounted antenna frames; two for use by Verizon and one open frame for future co- location of another carrier. The paved area around the enclosure will provide the required parking needed for an automated cell tower. The proposed equipment shelter provides security and screening for the equipment needed for the tower. The fence enclosure will be a 6 foot tall board on board fence with access through a 14 foot wide swing gate located on the north side of the fence enclosure. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff has reviewed the request and recommends that the Board approve the request for a Special Use Permit. She noted that the design of the facility is compatible with the residential location. Ms. Marren received two letters from residents who are opposed to the request of the Special Use Permit. She also received a couple phone calls inquiring about the application but once those individuals were given more information, there were no further questions. Joe Markus, 16305 Swingley Road, Chesterfield, MO, representative for Black and Veatch informed the Board that Verizon Wireless would obtain two of the three antennas at this particular tower. Mr. Markus gave a short presentation noting their desire to put the cell tower at this location and the coverage that the new tower would offer opposed to the coverage at the location without implementation of this new cell tower. From a safety perspective, he informed the Board that the tower can withstand 90 mile per hour winds, as well as an inch of ice with 40 mile per hour winds; all of the antennas would be located internally within the tower. Mr. Davis inquired that if two of the antenna spots are for Verizon, who would occupy the third antenna in the tower. Mr. Markus replied that the third spot would be rented out to a different carrier. Steve Edwards, 517 24th Street, lives across the street from Jensen and 24th Street; he brought with him a petition from the neighborhood. Mr. Edwards gathered 36 signatures from residents in the immediate area who are opposed to the pole going up at the proposed location. Mr. Edwards acknowledged that he has some real estate experience and expressed his concern that the cell tower will reduce the property value of the homes in the area, including his, by 5-15%. He also noted that if people were surveyed, over 90% of people would say that they do not want to live or rent a home within a quarter mile of a cell tower. Mr. Edwards believes it is the perception of owning or living in a home near a cell tower that will hurt the value of the homes in the surrounding areas. Ms. Ebel inquired about the notices and who they go out to. Ms. Marren replied that notices went out to all property owners within 200 feet of the property location. Karen Youngberg, 3101 Ridgetop Road, expressed concern regarding her property value decreasing and the perceived situation of having a home that she owns and is renting out that is in such close proximity to a cell tower. Micah Abel, 2318 Jensen Avenue, also expressed concern that his property value may decrease as a result of the construction of this cell tower. He feels there might be better locations to put a cell tower in Ames. Mr. Abel is concerned that the tower will receive changes once it’s put in place which will further decrease the value of his home, and other homes in the area even more over time. Ms. Spoden noted to the Board that, based on recently adopted federal regulations, they cannot evaluate this application on the availability of other potential locations for a cell tower; the decision must be based on this location alone. She also added that there is nothing outlined in the federal regulations discussing property values or the influence of a cell tower on property values. When asked about the requirements included in the City Code by Mr. Edwards, she advised that City Code is trumped by the federal regulations. In conclusion, she said that the City has not had a chance to update the City Code in conjunction with the new federal regulations. Ms. Bradbury noted that on page five of the staff report it shows that the property in question is located in a residential high density zone and wondered if there is anything in the code that states that cell towers cannot be located in residential areas. Ms. Marren replied that cell towers are allowed and can be located in residential neighborhoods if approved for a Special Use Permit by the Zoning Board of Adjustment. Ms. Youngberg inquired if there is a reason that part of the property of the mall hasn’t been considered for the placement of a cell tower. Mr. Markus explained that he was involved in an extensive search in the Ames area to find a new cell tower location. He noted that they did try to buy or lease property from the mall but said that all of the canisters are already filled at the tower near the mall. He expressed that this location does meet all of the requirements and although they did look at a couple other possible locations, they felt this was the best location for the tower. Moved by Koehler, seconded by Bradbury to adopt ORDER NO. 15-14, thereby approving the request for a Special Use Permit to allow a new cellular tower on the property located at 615 24th Street, based on the findings of fact and conclusions. Vote on Motion: 5-0. Motion declared carried unanimously. COMMENTS: ADJOURNMENT: Moved by Koehler, seconded by Perkins, to adjourn the meeting at 7:37 p.m. _____________________________ _________________________________ Erin Cain, Recording Secretary Shelby Ebel, Chair